TVJ clobbers TAPE in Eat Bulaga case
The court ruled in favor of the entertainment trio of Tito Sotto, Vic Sotto, and Joey de Leon (also known as TVJ) in their trademark dispute against TAPE Inc. and GMA over the usage of the names "EB" and "Eat Bulaga."
In a decision by the Marikina City Regional Trial Court Branch 273 released on 5 January 2024, Presiding Judge Romeo Dizon Tagra said it is "permanently enjoining defendants Television and Production Exponents Inc. and GMA Network Inc. from using the trademarks "EB," "Eat Bulaga" and associated logos; using the EB jingle song or any part thereof; and airing and broadcasting recorded episodes or segments of the EB show prior to 31 May 2023."
In the decision dated 22 December 2023, TAPE was directed to pay TVJ P2 million plus another P1 million in exemplary damages and attorney's fees for "committing unfair competition and copyright infringement."
TAPE's trademark registration of the EB name and logo with the Intellectual Property Office of the Philippines was also ordered canceled, and the counterclaims of TAPE and GMA were dismissed "for lack of merit."
The court took cognizance of De Leon's testimony that it was he who coined the program title "Eat Bulaga," noting that the claim was "unrebutted by defendant TAPE."
Given TAPE's "failure to make a categorical and specific denial" of De Leon's claim, TVJ has "successfully proved, and established, by a preponderance of evidence" that they should be "credited with the formulation and creation of the mark Eat Bulaga," the court ruling said.
IPOPHL stand
In December 2023, the IPOPHL also took the side of TVJ, ruling that the triumvirate are the rightful owners of the "Eat Bulaga" trademark, giving weight to the testimony and explanation that the two Sottos and De Leon provided.
"The petitioners proved that it is the originator and owner of the contested EAT BULAGA mark. Petitioners' explanation or story on how initially the idea of the EAT BULAGA mark came about did seem believable and credible," said IPOPHL in a subsequent statement.
The agency said the case was still appealable to the director of the Bureau of Legal Affairs, as well as at the Office of the Director General.
On 31 May 2023, TVJ ended its 44 years of partnership with TAPE Inc. and, with their co-hosts, transferred to the TV5 network to start a new noontime program called "E.A.T." pending their case against TAPE.
TAPE Inc., meanwhile, retained its program title "Eat Bulaga" on GMA-7 with a new set of hosts — something it would now have to relinquish following the Marikina RTC's ruling.
